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AF | BCMR | CY2005 | BC-2006-01452
Original file (BC-2006-01452.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01452
            INDEX CODE:  131.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  13 November 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be promoted to the grade of Chief Master  Sergeant  (CMSgt)  as  if
selected during promotion cycle 77S9.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was denied promotion to CMSgt because he declined an assignment  to
Headquarters United States Air Force in Europe  (Hq  USAFE)  in  March
1976.

In support of the appeal, applicant submits two personal statements, a
copy of his Airman Performance  Reports  (APRs)  from  1961  to  1978,
Letters  of  Appreciation,  education  awards,  school  diplomas   and
certificates.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28  December  1951  and
was progressively promoted to the grade of senior master sergeant with
a date of rank (DOR) of 1 December 1973.  He voluntarily retired  from
the Air Force on 1 January 1979, having served 25 years, 6 months  and
17 days on active duty.

He was awarded an Air Force Commendation Medal (AFCM) for  the  period
2 July 1964 to 22 August 1968, and an  AFCM, First Oak  Leaf  Cluster,
for the period 30 August 1968 to 18 August 1969.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states  based  on  his  DOR  to
SMSgt, as  well  as  other  minimum  criteria,  he  was  eligible  for
consideration during cycle 77S9.  However, they are unable  to  verify
if he was considered for promotion to CMSgt.  According to  AFR  4-20,
Table 35-12, Rule 29, Records Disposition Schedule, promotion  history
files are only maintained for a period of 10 years.

The DPPPWB evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Although the Board has  the  right  to  refuse  his  request,  in  all
fairness, his records should be reviewed and a decision made.  He  had
a very good career during his time on active duty.  He always put  the
needs of the Air Force first, and always did what it took to  get  the
job done in a professional manner.   He  will  always  feel  that  not
accepting the position to Hq USAFE in March 1976, not only resulted in
his not being promoted to CMSgt, but was  a  deciding  factor  in  his
decision to retire from the Air Force.

Applicant's complete response, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
application should be denied due to a lack of  merit.   Therefore,  in
the absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________
THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 August 2006, under the provisions of  AFI  36-
2603:

                 Mr. Michael K. Gallogy, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 May 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPWB, dated 25 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 9 Jun 06.
      Exhibit E. Applicant’s Response, dated 25 Jun 06, w/atchs.




                             MICHAEL K. GALLOGLY
                             Panel Chair

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